For Americans who know the legal and logistical ropes, traveling with firearms need not be an ordeal. It’s a manageable process that shouldn’t detract from the positive reasons for one’s trip. Hunters, match shooters and collectors venture forth in pursuit of personal fulfillment and variable rewards like meat, victory and living history. Family heirlooms move from one generation to the next. Security-minded folks away from familiar surroundings and routines understandably feel the same need for self-defense, if not a greater need, than they do on the home front. And thankfully our constitutional protections are respected in most of these circumstances.
Which regrettably means not all circumstances. Despite the obvious guardrail provided by the Second Amendment and backed by the Firearm Owners Protection Act of 1968 (FOPA), some states and cities nonetheless restrict and criminalize liberties that are recognized throughout the rest of the country. While it’s good that federal law shields us while traveling through gun-unfriendly territory, what’s not so good are limitations to those protections and the legal jeopardy involved in running up against bad gun laws.
In this arena, know-how is your literal stay-out-of-jail card. This article should not be considered legal advice, but it offers guidelines to help you understand issues and pitfalls and where additional research or the advice of a qualified attorney might be needed.
After a late-afternoon dove shoot, I carelessly placed my shotgun against the passenger seat rather than behind the seats in my cramped pickup cab. It was muzzle down in a soft case, but the case’s zipper stuck near the end, leaving the buttstock partly visible. The suburban policeman who stopped me later for a taillight violation saw it right away and asked, “Have you been hunting?”
He then had me step out of the vehicle, and we had a friendly 15-minute chat about his boyhood hunting, my dog (crated in the bed) and the neighborhood traffic (three blocks from my residence).
All that came to a literal screeching halt when three more police cars came barreling onto the scene. The six officers present soon blocked off the road, sat me down on the blacktop, and debated what firearm, animal cruelty and endangered species laws I might have broken.
Caution, research and planning are the watchwords for a smooth, trouble-free trip.
Eventually, I was escorted home with merely a stern warning against repeated behavior. But I could have saved a lot of time and trouble with just a little more proactive attention to how local law enforcement would have liked me to transport my gun.
Some years later, I heard an airport announcement directing, “John Zent! John Zent! Return immediately to the United Airlines counter.”
I was met by airport police, who demanded an explanation for why I was carrying ammunition in my checked duffel.
“Going hunting” was not satisfactory until the airline sorted out that I had separately checked a rifle in its locked case; however, because my containment method—10 rounds in a leather belt pouch duct-taped to a full factory box of shells—didn’t mirror United’s rule on packing ammunition, all 30 offending cartridges were confiscated.
“You’re lucky,” I was informed, “we’re not taking you in.”
If that seems harsh, it needs to be said that the airport was a tense gauntlet that day in early October 2001. I was indeed lucky. And I learned my lesson about double-checking airline and airport regulations as well as all the other laws.
Know the Law
Let’s delve into some firearms-travel scenarios to apply the lessons learned by these and other experiences.
First and foremost, you’ve got to know what the law says. And, unlike me, please exercise common sense. To cover both bases, I heartily urge gun owners to obtain and study the Traveler’s Guide to the Gun Laws of the 50 States (TG50), an incomparable resource for anyone leaving home with a firearm. Updated yearly, it includes a comprehensive snapshot of each state’s gun laws, plus a lot more. Their rundown on the changing landscape of handgun-carry reciprocity, for example, is invaluable. The folks behind this publication have shown their dedication to our freedoms by advertising in this and other NRA magazines for decades. Some of the information offered below was sourced and verified in TG50. (To order the 2025 print and/or online versions, go to gunlawguide.com.)
Road-Trip Ready
Before hitting the highway, the first imperative is that the guns you’re taking along are legal for you to possess both in the state where your journey begins and in the state that’s your final destination. That much doesn’t change in states you’ll be transiting because the federal FOPA protects our right to conditional free passage throughout the nation. So long as your journey is uninterrupted, state laws banning possession of or restricting certain types of guns and magazine capacities are not supposed to apply.
According to NRA-ILA, “Under FOPA, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry it, if the firearm is unloaded and locked out of reach. In vehicles without a trunk, the unloaded firearm must be in a locked container other than the glove compartment or console. Ammunition that is either locked out of reach in the trunk or in a locked container other than the glove compartment or console is also covered.”
A critical caveat regarding FOPA, however, is that it is not always recognized by certain state or local authorities, particularly in the New York City metropolitan area. In some circumstances, even though you are in complete compliance with the law’s requirements, a state or locality through which you are traveling could still charge you with violating their specific restrictions or requirements (such as the need for a state-specific handgun permit). At this point, the FOPA protections become an “affirmative defense,” meaning you may have to obtain a lawyer and “tell it to the judge.” NRA-ILA has for years advocated for FOPA reform legislation that would undo antagonistic court decisions that have undermined the law’s original intent. Federal law needs to be updated to give immunity from local interference when in compliance with the federal transport procedures.
Vehicle-transport laws and concealed-carry laws also apply, separately and in overlapping ways. Vehicle-transport laws often reflect on-body carry laws in that permit holders are allowed to keep their loaded gun readily accessible in the passenger compartment. While some jurisdictions stipulate that the firearm must be secured or concealed—perhaps in a case, the glove box, console or gun rack—others do not regulate placement. As you would expect, the same is largely true in permitless-carry states. While all this pertains to handguns, many states require long guns to be cased or stowed in the trunk or other unhandy space. Even more prevalent are stipulations that long guns must be unloaded at times, often specifically during hunting seasons or when driving within public hunting areas.
The regulatory differences are so numerous that space won’t permit mentioning all of them.
For a cautionary tale, let’s revisit the Shaneen Allen case, covered in this magazine at length in 2014-15. A working mother of three young children and Pennsylvania concealed-carry licensee, Allen informed a New Jersey state trooper she had a permit and a gun in the car during a traffic stop about an hour from her Philadelphia home. That compliant act resulted in her arrest for unlawful possession, followed by a protracted legal nightmare that threatened incarceration until, in an 11th hour about-face shortly before her day in court, the state attorney general and local prosecutors offered pre-trial intervention. Though spared prison and a felony conviction, Allen’s gun was confiscated and she had to endure a year of fear and anxiety thanks to the harsh gun laws that put millions of law-abiding New Jerseyans and other motorists at risk. Similar outrages have occurred to other folks and in other states.
There is good reason nonetheless to envision a smoother road ahead. The NRA’s long-time objective of national concealed-carry reciprocity could be closer than ever thanks to the reintroduction of the Constitutional Concealed Carry Reciprocity Act, H.R. 38, by pro-gun Congressman Richard Hudson (R-N.C.). In pre-election statements to NRA-ILA, President Donald Trump (R) reiterated that he will support and sign such an important gain for freedom, should it reach his desk.
While present state-reciprocity agreements extend participant states’ carry rights to qualified non-resident permit-holders, gaps exist in the framework; for example, Pennsylvania won’t honor concealed-carry permits from nearby Virginia because of differences in background checks. Correcting such anomalies is critical.
Potholes and Shortcuts
To highlight just how diverse and fluid firearm travel can be, let’s note a few of the possible potholes you might encounter. This is not a comprehensive list of info you may need—state-by-state research is necessary.
As stated above, FOPA validates armed citizens’ right to interstate passage but stipulates that motorists must strictly be passing through restrictive states and bound for a destination where their firearms are legal. Exceptions include stops for fuel and emergency repairs; however, stops for business matters, socializing and sightseeing constitute the end of through travel. As a result, trip planning can be challenging, especially when transiting California or the nation’s northeastern corridor. When practical, gun owners may want to consider mapping highway trips to bypass such locales.
Many states mandate law-enforcement notification, which falls into two general categories: 1) Drivers have a duty to notify when an officer approaches; or 2) Drivers must acknowledge when asked that a firearm is present and, except in permitless circumstances, that they have a CCW permit.
Frequently, police can predetermine concealed-carry permit status by “running” drivers’ licenses or vehicle tags. I was surprised when an entry-gate military police officer asked if I was carrying during a visit to Virginia’s Fort Eustis, but since doing so is largely prohibited on military installations, he was actually doing me a favor. Conversely, there are reports of officers in restrictive jurisdictions harassing out-of-state CCW permittees, thereby underscoring how important it is to comply with local gun-storage and other in-vehicle laws.
In-car accessibility notwithstanding, no one wants their gun rattling around in the event of a sharp maneuver or collision. Many drivers simply prefer on-body carry, while others, in keeping with state laws, account for both concerns via portable carriers (pocketbooks, briefcases) or interior furnishings (consoles, seat pockets, glove compartments). In-car holsters and gun boxes are also popular. Popular boxes are typically designed to serve as concealed mini-vaults bolted or cabled into hard structure, thus providing an extra measure of security when the driver is not able to carry outside the car.
Cleared for Takeoff
Shamefully, FOPA’s free-passage protections are clouded by a 2013 Third Circuit U.S. Court of Appeals ruling that the law’s focus on “inaccessible vehicular transport” disqualifies airline travel, since passengers need to carry their gun cases into the airport.
“Preposterous,” wrote Charles C.W. Cooke in the February 2017 issue of this magazine. “Not only is the word ‘vehicle’ not defined anywhere in the statute, but 48 of the 50 states apply its provisions to aircraft—and have done so since its passage. Moreover, passengers who are traveling by air are, by definition, less able to ‘access’ their guns when in transit than those who are traveling by car.”
Thankfully, that inane ruling is only binding law in one federal judicial circuit. Americans with requisite permits and properly cased firearms take off every day without consequence in most of the country. This can occur even at the New York City and Newark, N.J., airports the court sided with in its decision, although it is important to remember that the Port Authority’s compliance with the spirit of FOPA cannot be assumed. Though the threat of arrest merely for checking in or reclaiming a checked gun case is not likely to affect most Americans, TG50 reminds us that the legal glitch remains, as travelers with connecting flights through restrictive states could face local prosecution if they possess any firearms that are illegal in those states. In practice, such possession could occur when baggage is reclaimed en route after one’s connecting flight is canceled or a flight is diverted to a restrictive-state airport. Clearly this needs fixing, either in court or in Congress.
Less meaningful is my personal take that air travel with firearms has improved in the 40 years I’ve been on the go. Gradually, check-in agents have become more professional in following their employers’ policies and in not projecting personal animus toward the paying customer. Once, in Washington, both the agent and manager insisted they could not accept a firearm in checked baggage. It did not matter that colleagues had done just that at the same ticket counter the month before. Also, a Minneapolis agent once lectured me that “real men don’t need to kill helpless animals.”
By contrast, I have good memories boarding in Montgomery, Sitka, Manchester and more great American towns. These days, I appreciate competence and courtesy at check-in.
Aside from the culture clash, my chief concern has been keeping up with changing airline rules, as well as the paperwork required to take firearms along to overseas destinations. Not knowing the ammo-packing rule nearly landed me in hot water and could have been worse if those cartridges were packed along with the rifle in my gun case, which was standard practice earlier in my hunting career. The old way made sense given the mandate of “locked, hard-sided” gun cases, but was flipped so that theft of a gun wouldn’t include the ammo to fire it.
Change can still take a veteran traveler by surprise. Recently, I was told that my customary two padlocks are inadequate, since my case that morning was built to take four. I’d seen nothing about that on the United website and said so. Luckily the agent at the next window volunteered there were a few locks in lost-and-found, and the impasse was resolved. Later, I found it mentioned in a Transportation Safety Authority (TSA) video, so nowadays I carry extra locks, which can also come in handy should one mysteriously disappear in transit. (This is not unheard of.)
Another hurdle is the requisite TSA inspection of gun cases, which is now routine and mostly efficient. At times there may be a wait, and if boarding time is imminent, it can be nerve-wracking. When flying with a gun, I do my best to build an extra half-hour into airport arrival.
Certainly, there is more red tape when flying to foreign countries, as recently experienced by this magazine’s editor in chief, Frank Miniter, upon checking in for the long journey to a safari in Tanzania. Though seasoned world travelers, Frank and his buddy decided to hire a travel agent who specializes in sporting travel. In my opinion, that’s an especially smart move when preparing for Africa trips and even smarter given the hustle upon arrival—clearing immigration, collecting one’s bags from different places, then moving on to firearms inspection and permitting. That can happen right there on the floor in baggage claim in small airports, or it can require a lengthy walk into unsecured parts of bigger terminals. Along with a language barrier, there’s often a crush of people—some legit, most not—seeking to “help” you with your bags. Agencies that provide in-airport concierge service familiar with gun-import procedures and the attending officers are extremely valuable.
Unfortunately, Frank and his buddy didn’t get that far before hitting a snag at the Emirates Air counter, as they belatedly learned that a 72-hour notification is required when transporting firearms. They quickly hatched a new plan, by having a friend come to the airport to collect their rifles as they arranged to use their safari operator’s loaner guns.
“It’s a bad feeling going out to hunt dangerous game with an unfamiliar rifle,” said Frank. “Our agent should have informed us about the prior notification, but we shouldn’t have just assumed anything.”
I faced a similar predicament checking in for my third hunt in South Africa, when the airline cited a new regulation forbidding transport of my rifle unless I presented a “hunting invitation” along with a gun-import application. It was a wrinkle not imposed on previous trips. Frantically, I made some calls, but to no avail. Then, among my itinerary printouts, I came across a price list/gear list from the outfitter. The header said: “Welcome to Mutemba Safaris.” I went back up and told the agent, “I found it.”
That wasn’t the first time accumulated paperwork served double duty, and I’ll summarize it here because it kills two informational birds with one stone. Before American citizens travel outside the country with firearms, they need to obtain a downloadable Form 4457 from U.S. Customs. A visual serial number check is required, meaning that in advance, travelers must take their guns into a local Customs office. (Best bet is to have them locked in the travel case.) The form isn’t firearm-specific; actually, it provides an official record of any valuable “personal effects taken abroad.” And so, upon returning to the U.S. with your guns, the 4457 proves prior ownership and thus spares any notions about customs duties or importation permits.
But that’s not all. Many of the dozen or so countries I have entered with a firearm want to see a government-issued permit, license or registration for said firearm; however, here in the U.S., such permits address very limited circumstances only, such as handguns or Class III firearms. None of my hunting, competition or personal protection arms qualify, though it’s different in some states. So, when in need of a government-issued document certifying me as owner of the gun in tow, I hand over the ol’ 4457, and no one has ever questioned it.
It’s a big wild world, but you don’t necessarily have to experience domestic or even international travel without your firearms. Caution, research and planning are the watchwords for a smooth, trouble-free trip. As always, the advice of a competent attorney is your best bet when dealing with known anti-gun jurisdictions or with regulations that may be difficult to decipher or that might have been affected by court decisions.
